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ALCALA v. BURNS

Nos. 76-1357, 76-1479.

545 F.2d 1101 (1976)

Linda ALCALA, Individually and on behalf of all other persons similarly situated, Appellant (Cross-Appellee), v. Kevin J. BURNS, Individually and in his capacity as Acting Commissioner of the State of Iowa Department of Social Services, and Michael Ryan, Individually and in his capacity as Director of the Scott County Department of Social Services, Appellees (Cross-Appellants). Jane DOE and Joan ROE, Appellants (Cross-Appellees), v. Kevin J. BURNS, Individually and in his capacity as Acting Commissioner of the State of Iowa Department of Social Services, and Michael Ryan, Individually and in his capacity as Director of the Scott County Department of Social Services, Appellees (Cross-Appellants).

United States Court of Appeals, Eighth Circuit.

Decided November 5, 1976.

Rehearing Denied December 1, 1976.

Attorney(s) appearing for the Case

Michael W. Liebbe, Davenport, Iowa, for appellant; Robert Bartels and Barry Matsumoto, College of Law, University of Iowa, Iowa City, Iowa, on brief.

Richard C. Turner, Atty. Gen., State of Iowa, Des Moines, Iowa, for appellees; Lorna Lawhead Williams, Special Asst. Atty. Gen., Des Moines, Iowa, on brief.

Before GIBSON, Chief Judge, LAY and STEPHENSON, Circuit Judges.

GIBSON, Chief Judge.

Hopefully, this case should be the concluding chapter in this long and tortuous litigation. On April 4, 1973, plaintiff Alcala, who was then childless but pregnant, filed an action under 42 U.S.C. § 1983 (1970) on her behalf and on behalf of all others similarly situated against defendants, state and county officials of Iowa who had denied her Aid to Families with Dependent Children (A.F.D.C.) benefits under 42 U.S.C. § 606(a) (1970...

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